After the first jury found Thomas-Rasset liable for willful copyright infringement in 2007 and awarded $222,000 in damages, the district court granted a new trial on the ground that the jury instructions incorrectly provided that the Copyright Act forbids making sound recordings available for distribution on a peer-to-peer network, regardless of whether there is proof of "actual distribution."

A second jury found Thomas-Rasset liable for willful copyright infringement under a different instruction, and awarded statutory damages of $1,920,000. The district court remitted the award to $54,000, and the companies opted for a new trial on damages. A third jury awarded statutory damages of $1,500,000, but the district court ultimately reduced the verdict because "the maximum amount permitted by the Due Process Clause of the Fifth Amendment was $54,000."

The court also enjoined Thomas-Rasset from taking certain actions with respect to copyrighted recordings owned by the recording companies.

The companies appealed, objecting to the district court's ruling on damages, and seeking the original $222,000 judgment. They also asked for a broader injunction barring Thomas-Rasset from making any of their sound recordings available to the public.

Last year, the Eighth Circuit Court of Appeals remanded the case with directions to enter a judgment for damages in the amount of $222,000, and to include an injunction that precludes Thomas-Rasset from making any of the 24 recordings available for distribution to the public through an online media distribution system.

Fellow file-sharers have cause for concern now that Thomas-Rasset has exhausted her appeals. Though she tells Ars Technica that she will declare bankruptcy before paying the six-figure damages, Thomas-Rasset might not be able to discharge the debt in bankruptcy.